Wednesday, October 3, 2012
In this case, an attorney kept an estate open to "smoke out" his father's will that he believed his estranged stepmother had chosen to conceal. The court in Maryland Attorney Grievance Comm'n v. Zeiger held that "there was not clear and convincing evidence of a violation of the Maryland Lawyer's Rules of Professional Conduct when [the] attorney...delayed carrying out his duties as administrator until the will was produced." The court also noted that the attorney did not engage in any other conduct that might be in violation of the rules of professional conduct. It is important to note that the court did not generally approve of the strategy that the lawyer employed to reach his goal.
Special thanks to Naomi R. Cahn (John Theodore Fey Research Professor of Law, George Washington University) for bringing this article to my attention.